ART and Other Legislation Amendment Bill 2026

1. New "On the Papers" Review for Migration (Division 4A)

The most substantial change is the insertion of Division 4A into Part 5 of the Migration Act 1958. This creates a mandatory pathway where the Tribunal must make a decision without holding a hearing for certain "reviewable migration decisions".

2. Expanded Discretion to Dispense with Hearings (ART Act)

Beyond migration, the Bill amends the Administrative Review Tribunal Act 2024 (ART Act) to give the Tribunal broader general power to skip hearings. Previously, dispensing with a hearing required party consent or specific failures by a party. The new Section 106(6) allows the Tribunal to make a decision without a hearing if:

• The issues can be 'adequately determined in the absence of the parties'; and
• It is 'reasonable in the circumstances'.

3. Operational Efficiency Changes

The Bill introduces administrative flexibility for the Tribunal's leadership:

• Acting President: Non-Judicial Deputy Presidents can now be appointed to act as the President of the Tribunal during short-term absences (capped at 3 weeks). Previously, this role was restricted to judges.
• Delegation: The President can now delegate powers regarding member conduct and directions to Non-Judicial Deputy Presidents.

Who Will Be Affected?

The primary group affected by these changes are applicants for temporary visas, specifically those applying for Student Visas.

Why It Happened

The Explanatory Memorandum cites "efficiency" and "integrity" as the driving forces behind this legislation.

1. 1

   Volume and Backlogs

   The Tribunal faces a "significant volume of review applications," particularly in the migration jurisdiction. Reviewing every single case with a full oral hearing is resource-intensive and contributes to delays.

2. 2

   Nature of Student Visa Reviews

   The government argues that student visa refusals often turn on objective, factual criteria — such as whether a student is actually enrolled in a course of study. These factual disputes can often be resolved by looking at documents (e.g., a Confirmation of Enrolment) without needing to cross-examine a witness or hear oral testimony.

3. 3

   System Integrity

   There is a concern that the appeal system is being used to prolong stays in Australia. By onshore applicants accessing bridging visas during the review process, delays in decision-making incentivise unmeritorious appeals. A faster, written-only process reduces this incentive.

Since When (Timeline and Commencement)

• Context: The Administrative Review Tribunal (ART) only recently replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. This Bill amends that relatively new framework.

Commencement of the Bill:

• The core administrative provisions (Short title, Commencement) start on the day the Act receives Royal Assent.
• Schedule 1 (The Review Changes): These changes commence on a day to be fixed by Proclamation. However, if they are not proclaimed within 6 months of Royal Assent, they will automatically commence the following day.

What Will Be the Decision Time?

While the legislation does not mandate a specific number of days for the Tribunal to make a final decision (e.g., "within 30 days"), it accelerates the timeline by removing the scheduling of hearings and imposing strict deadlines on applicants.

• Response Periods: When the Tribunal invites an applicant to provide written submissions, they will specify a 'response period.' This period will be set out in regulations or will be a 'reasonable period' determined by the Tribunal.
• No Extensions: The legislation explicitly notes that the ART 'does not have the power to extend the response period'.
• Decision Timing: The Tribunal is empowered to make its decision immediately after the response period expires. If the applicant misses this deadline, the case must be dismissed immediately.
• Goal: The explicit goal is to resolve matters "as quickly and with as little formality and expense" as possible.

Summary of the Process Changes